Goods iQ Smart Device Terms of Use

This is an Agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Amax, Inc., doing business as GoodsIQ (“we”, “us”, “our”, or “GoodsIQ”). GoodsIQ has developed and/or offers for sale smart devices (each a “Smart Device”) which are voice enabled and can access Amazon’s Alexa enabled products and applications, including, without limitation, Amazon’s Echo devices and the Alexa app (each an “Alexa Enabled Product”). Before using your GoodsIQ Smart Device, please read these GoodsIQ Smart Device Terms of Use and the GoodsIQ Smart Device Privacy Policy. By using your GoodsIQ Smart Device to access any Alexa Enabled Product, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, you may not use your Smart Device to access any Alexa Enabled Product.

We may update or change this Agreement from time to time, with or without notice to you. We also reserve the right to discontinue offering access to the Alexa Enabled Products via your Smart Device, temporarily or permanently, at any time and for any reason, in GoodsIQ’s sole discretion. Your continued use of your Smart Device following a change to the Terms constitutes your acceptance of such change.

You acknowledge that this Agreement is concluded between GoodsIQ and you only, and not with any other entity, including without limitation Amazon Digital Services LLC and/or Amazon.com (collectively, “Amazon”).

1. Your Representations and Warranties. You represent and warrant that you are the user of the Smart Device and that you are of sufficient legal age in your jurisdiction and are authorized to enter into this Agreement.

2. Amazon Software. Your Smart Device contains software provided by Amazon (the “Amazon Software”) which enables the Smart Device to access Amazon’s Alexa Enabled Products. You acknowledge and agree that your use of your Smart Device and the Amazon Software to access any Amazon Enabled Product shall be subject to and in accordance with Amazon’s policies, including, without limitation, Amazon’s Alexa Terms of Use and Amazon’s Alexa Internet Privacy Notice.

3. Internet Usage. Your Smart Device uses your Internet connection to provide you with the connected functionality of the product. You acknowledge that acceptance by you of any additional terms of service are your sole responsibility and at your sole risk. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use your Smart Device in connection with any Alexa Enabled Product. Please consult your Internet service provider’s pricing plan terms and policies to determine applicable data charges, allotments and limitations, restrictions such as permissible uses, and other terms and conditions of service. GoodsIQ is not responsible for any overage or other charges or actions that your Internet service provider may take against you for using data or the network in violation of such provider terms and policies.

4. Transmission of Information. Because we do not control the security of the Internet or other networks you use to access Alexa Enable Products via your Smart Device or to communicate with us, we cannot be, and are not, responsible for the security of information that you choose to transmit to any Alexa Enabled Product, or to communicate with GoodsIQ, while it is being transmitted. In addition, GoodsIQ is not responsible for any data lost during transmission.

5. Use of Your Information. For more information regarding the information we may collect from you and how we use it, please consult our Privacy Policy. By using your Smart Device, you agree to the terms and conditions of the Privacy Policy and consent to the collection, use, and sharing of your information as set forth in the Privacy Policy.

6. Feedback. We always appreciate getting feedback on our products and services. If you provide us with any ideas, proposals, suggestions or other materials relating to the Smart Device, or GoodsIQ’s other products or services (“Feedback”), GoodsIQ may use such Feedback in any manner for any purpose without restriction or compensation. You hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited and does not place GoodsIQ under any fiduciary or other obligation. By submitting Feedback, you represent and warrant to GoodsIQ that you have all necessary rights in and to such Feedback, to provide such Feedback to GoodsIQ and all information it contains, and that such Feedback does not infringe any proprietary or other rights of any third party or contain any libelous, tortious, or otherwise unlawful information or material.

7. Third-Party Offerings, Websites and Technology Updates. Using your Smart Device to access an Alexa Enabled Product may allow you to access, interact with, or purchase materials, products or services made available by entities other than GoodsIQ, including, without limitation, those materials, products or services available for purchase through Amazon (“Third-Party Offerings”), and may allow for the transmission of Third-Party Offerings to you, including via links. GoodsIQ has no obligation to monitor Third-Party Offerings, and does not control or endorse, nor is GoodsIQ responsible for, any Third-Party Offerings, including their accuracy, integrity, quality, legality, usefulness or safety. BECAUSE GOODSIQ IS NOT THE PROVIDER OF THE THIRD-PARTY OFFERINGS, YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT DOES NOT APPLY TO YOUR USE OF ANY THIRD-PARTY OFFERINGS. YOUR USE OF THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY OFFERINGS.

Using your Smart Device to access an Alexa Enabled Product may also allow you to access links to third-party websites (“Third-Party Websites”). GoodsIQ is not responsible for the content, accuracy or opinions expressed on such Third-Party Websites, and such Third-Party Websites are in no way investigated, monitored, checked for accuracy or completeness, or approved or endorsed by GoodsIQ. When you access these Third-Party Websites, you do so at your own risk and become subject to any terms of use and/or privacy policies of those Third-Party Websites, except as otherwise set forth herein.

Certain features of your Smart Device may also depend on the third-party technology and software that operates the device(s) from which you access the Alexa Enabled Products (“Third-Party Software”). Accordingly, updates or modifications to Third-Party Software may impact the functionality of some or all features of your Smart Device. GoodsIQ will use reasonable efforts to maintain the Smart Device’s compatibility with available Third Party Software, but is not responsible for any reduction or loss of functionality of the Smart Device caused in whole or in part by any update, modification, suspension, discontinuation or other disruption of Third-Party Software.

8. Term and Termination. This Agreement is effective until terminated. GoodsIQ may terminate or suspend your ability to access the Alexa Enabled Products via your Smart Device at any time and without prior notice if GoodsIQ believes, in good faith, that you have breached any provision of this Agreement. In addition, you or GoodsIQ may terminate this Agreement at any time and for any reason by providing notice to the non-terminating party. Upon any such termination or suspension, GoodsIQ may, without liability to you or any third party, immediately terminate or suspend your ability to access the Alexa Enabled Products via your Smart Device.

9. Updates to the Smart Device. Over time, the software within the Smart Device that supports the features of the Smart Device, including, without limitation, the Amazon Software, as well as features and functions that are enabled within the software, will change as our business and technology evolve. New features and functions may be added, and others deleted or modified. You agree that GoodsIQ may update, modify, or discontinue the Smart Device’s software (in whole or in part) or any features or functions within the software or the Smart Device, at any time, in GoodsIQ’s sole discretion. In order to provide you with a more seamless user experience, we may update or modify the Smart Device or the software remotely without notifying you in order to ensure the safe and proper operation of the Smart Device and the software (e.g., bug fixes), and you consent to such updates or changes by GoodsIQ.

10. DISCLAIMER OF WARRANTIES. THE SOFTWARE INTEGRATED INTO YOUR SMART DEVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. GOODSIQ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SMART DEVICE AND ITS SOFTWARE AT YOUR OWN SOLE DISCRETION AND RISK.

For purposes of clarification, but not limitation, of the foregoing: GoodsIQ does not warrant that your use of the Amazon Software or your Smart Device’s access to Alexa Enabled Products will be uninterrupted or error-free; nor does GoodsIQ make any warranty as to (i) the accuracy, completeness, timeliness, reliability or content of any information or service offered through the Amazon Software; (ii) that the quality of any services, products, information, or other material that you obtain will meet your expectations; or (iii) that the files available for downloading or sharing from the Amazon Software, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.

Except as expressly set forth herein, this Agreement does not govern or contain any warranties or other terms applicable to your purchase or use of the Smart Device.

For more information about additional warranties and terms applicable to your use of the Smart Device, please see the package insert that accompanied the Smart Device.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GOODSIQ OR ANY OFFICER, DIRECTOR, AFFILIATE, EMPLOYEE OR AGENT THEREOF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SMART DEVICE’S SOFTWARE OR OTHERWISE IN CONNECTION WITH THE SMART DEVICE’S SOFTWARE, OR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING IN ANY WAY TO THE SMART DEVICE’S SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF GOODSIQ KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

GOODSIQ ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. GOODSIQ IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SMART DEVICE’S SOFTWARE.

Nothing in this Agreement and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.

12. Dispute Resolution; Jury Trial Waiver. This Agreement is governed by the laws of the State of Rhode Island, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and/or federal courts in the State of Rhode Island, with respect to any dispute, disagreement or cause of action arising out of or related to the Mobile Software. You hereby waive any right to a jury trial in connection with any dispute arising out of or relating to this Agreement.

13. Miscellaneous. GoodsIQ’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. GoodsIQ may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of GoodsIQ. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalid, illegal or unenforceable provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and such change shall not affect the existence or enforceability of any other provision of this Agreement. GoodsIQ is not an agent or representative of Amazon and is not responsible for any action or omission by Amazon.

14. GoodsIQ Contact Information. Please direct any questions or comments concerning these Terms to the following:

15. Email: customerservice@goodsiq.com

 

Last Updated: January 19, 2021

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